-calls defence bid “frivolous” as Mohameds fight extradition
King’s Counsel Terrence Williams of Jamaica, representing the United States government, firmly rejected the defence’s argument that amendments to Guyana’s Fugitive Offenders Act render the extradition proceedings against Nazar Mohamed and his son Azruddin Mohamed unconstitutional.
The defence placed the 2009 amendments—specifically Section 8 3(a) and Section 8 3(b)—at the centre of their arguments.
Williams told reporters on Monday that extradition hearings operate within clearly defined legal parameters and that the issues raised by the defence fall outside those parameters.
“The main argument was that the constitutional issues do not arise for the consideration of the learned magistrate,” he said.
“The application is frivolous and vexatious, because, first of all, there are no real constitutional issues, and they certainly do not arise for consideration at this time.”
He further explained that many of the rights cited by the defence do not apply in the context of extradition. Williams noted that these rights explicitly exclude considerations of extradition.
He added that the magistrate has a defined statutory role, and “the duty that she has to perform does not include the considerations that the defendants have raised.”
Williams also defended his reliance on Justice Jo-Ann Barlow’s ruling in Marvin Williams (aka Troy Thomas) v The Attorney General & DPP, —also referred to as Troy Thomas by the Guyana Police Force—as the only judicial pronouncement interpreting the relevant amendments.
“Justice Barlow… is the first, and as far as we know, only pronouncement on the amendment, and it itself reaffirmed what the Court of Appeal had previously said in King v The Director of Prisons et al,” he said, explaining that the ruling was essential to present before the court.
Addressing the issue of “specialty,” the principle preventing an extradited person from being sent to a third country, Williams said the defence had raised the matter “to the press and not to the court.”
This, he added, prompted the prosecution to respond with a diplomatic note clarifying that “the defendants will not be sent to a third state from the requesting state (United States).”
He submitted that judicial precedent requires such challenges to be raised only after extradition proceedings conclude and argued that entertaining them at this stage would serve no purpose other than to stall the process.
Nazar and Azruddin Mohamed, owners of Mohamed’s Enterprise, remain on $150,000 bail each as proceedings continue.
The father and son were previously sanctioned by the United States Government for alleged gold smuggling and corruption and have since been indicted in a U.S. court on 11 counts of financial crimes, including money laundering, wire fraud, and mail fraud.
The United States is seeking their extradition to answer these charges in a Florida courthouse.
